The Kerbal EULA was last updated on 22 January 2018, but Steam doesn’t really inform users that the EULA is updated for the games they own in their respective libraries – it’s always up to the user to regularly check for a new agreement or an update to an existing one. In May 2017 Take-Two bought out Kerbal’s developer, Squad, in a private sale that did not have its value disclosed. Squad now falls under the Private Division label within the company as a first-party studio.
Personal information is information that identifies you and that may be used to contact you online or offline. The Company collects personal information from you on a voluntary basis. When you submit personal information to the Company, it will usually take the form of:
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The types of information collected in connection with the activities listed above will vary depending on the activity. The information we collect may include personal information such as your first and/or last name, e-mail address, phone number, photo, mailing address, geolocation, or payment information. In addition, we may collect your age, gender, date of birth, zip code, hardware configuration, console ID, software products played, survey data, purchases, IP address and the systems you have played on. We may combine the information with your personal information and across other computers or devices that you may use. Prize winners may be required to provide additional information for prize fulfillment.
To its credit, the company says that they don’t share any information with law enforcement organisations unless it is expressly required, nor do they keep information you provide through support emails, use of their forums, or signing into their services with a linked account from Sony or Microsoft or Steam. It is possible to refuse to provide personal information to the company, but they note that refusal to do so “may limit your ability to participate in some activities, such as sweepstakes or the use of certain Online Services”, but this is subject to services where these records are “essential components of the services we offer you and other users”.
In addition, there’s also a clause in the policy which says where and when Take-Two will share this information with third-parties:
We may share your personal and other information with third parties in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability, including as required by law enforcement or other government officials. We also may share your personal and other information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, investigate, or enforce our policies, terms and conditions, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on the Company. In addition, your personal and other information may be disclosed to a potential or actual successor or assign in connection with a proposed or consummated merger, acquisition, reorganization, bankruptcy, or other similar event involving all or a portion of the Company, the Company’s customer information may be transferred to our successor or assign.
It looks like Take-Two is comfortable with asking their users to submit almost all of the useful information pertinent to allow more effective marketing and research to be done, but the company has strict points where this can legally occur with third-parties outside of the company. Sure, having all of this information collected on us, sometimes without our knowledge, is unsettling, but it looks like the fears of the Kerbal Space Program subreddit are unfounded.
Or, at the very least, they have merit, but Take-Two’s own legal policies seem to prevent the dystopian nightmares that Redditors are imagining. Let’s hope it stays that way.